Worker grievances filed in county rarely affirmed

BENTONVILLE -- There have been 10 requests for grievance hearings by Benton County employees since 2013, and in none of them was the employees' complaints upheld, county officials said. Some were withdrawn or settled.

Two hearings are set for 6 p.m. Tuesday in Circuit Judge Robin Green's courtroom to look into complaints filed by two Benton County sheriff's office employees. Lt. Robin Holt and Capt. Jeremy Guyll have said they were demoted after they reported possible criminal conduct by Sheriff Kelley Cradduck to the Arkansas State Police.

Grievance Council

Benton County’s Grievance Council is made up of five justices of the peace appointed by the county judge. Council members are Michelle Chiocco, Joel Jones, Shirley Sandlin, Susan Anglin and Kurt Moore. The council considers claims of illegal discrimination or that the county acted in an arbitrary, capricious or unreasonable manner; claims that any employee treatment is unconstitutional punishment due to the employee exercising a constitutionally protected right; and claims that any employee treatment, discipline or dismissal is contrary to the public policy of Arkansas.

Source: Staff report

The two say Cradduck ordered the personnel and payroll records of Gabriel Cox, a jail employee, to be altered so he would be paid for time before he was hired. Employment records obtained under the state's Freedom of Information Act show when Cox was hired he listed his place of residence as the same Rogers address listed for Cradduck. Cradduck has said he knows Cox but refused to elaborate.

The state police are investigating the allegations, and special prosecutor Jason Barrett has been appointed to determine whether criminal charges are warranted.

Cradduck has denied any wrongdoing. He said Holt was demoted after she appeared in a video recorded at the jail while she was on duty and in uniform. Holt was making fun of rape victims, and he considered her conduct unprofessional, Cradduck said.

Holt was demoted from lieutenant to deputy. She seeks reinstatement to her former position.

Guyll hasn't been formally demoted. He is on medical leave, and Cradduck has named another employee to oversee the jail. Cradduck has declined to comment on Guyll's grievance.

Barb Ludwig, human resources administrator, said records show one other employee grievance was filed this year, but that request for a hearing was later withdrawn.

In 2014, Cindy Jones' grievance over her termination from her job with the road department was rejected. Stephanie Taylor also filed a grievance over her firing from a job at the youth lockup. Her claims also were denied, Ludwig said. Jill Dowell asked for a grievance hearing over her termination from a job in the assessor's office, but the request was withdrawn and the matter settled. Another employee requested a grievance hearing in 2014, but later withdrew the request, Ludwig said.

The county had three grievance hearing requests in 2013, Ludwig said. Sarah Wilson filed a grievance over her firing from her job as comptroller, but that dispute was settled before a hearing. Steve Dimmitt also filed a grievance over his firing from a job in the county's information-technology department, which was resolved before a hearing. Rick Austin asked for a hearing over his firing from a job with the road department in 2013, and his claim was denied after a hearing.

Grievance hearings are recorded by a court reporter hired by the county, but no records of the hearings are generated as a matter of routine, County Clerk Tena O'Brien said. If any of the parties to the hearing want a transcript, they must pay the cost of having the recording transcribed, O'Brien said.

Metro on 11/14/2015

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